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    New Chapter 7, I have questions

    I have been reading everything and the information is really good and very helpful. I am a few days over my 30 day mark in the whole process. I am over median. I had the UST file a presumption of abuse. I sent the requested documents to her. Just a day ago she withdrew the presumption. The trustee at my 341 has not "excused" himself nor determined me a "no asset" though, it says no asset in my paperwork.
    From what I can see from all I have read, the 341 trustee has 60 days from the 341 to change me to an asset case? (I have nothing but a possible 2016 tax return under $1,500 if that).
    Since the UST filed what she did, will I get discharged or will the 341 trustee possibly try and object to anything???
    If the 341 trustee does not do a "no distribution of assets" and my case cannot close, is it because he expects the tax refund? (if I get one, I know he wants it from everyone, we got a paper telling us that), so would I close after he gets the refund?
    The UST thing made me loose 20 pounds and half my hair. I just wondered if I can breathe now, or is there a good possibility I can relax a bit. The information on this forum is so helpful, but most of it is from 2009-2012 and didn't know if anything has changed.

    #2
    The discharge would not have anything to do with any assets. A discharge gets rid of your debt. Whether the Chapter 7 (Panel) Trustee believes that there are assets that can be "administered" is a question, but will not stop your discharge. It is possible that the Trustee is looking at your "potential" refund, unless you already exempted a potential refund using your available exemptions.

    I would just patiently wait. The discharge will come and you already have the best news since the UST has withdraw their concern. This means that you won't get the 60 days surprise (the UST then deciding that your case may be an abuse).

    Relax. You are on your way to the discharge which is what you really wanted.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thank you. I have read so much and have read so many scenarios on this forum. I feel I have passed a huge hurdle and am just rattled by the whole process. I saw where one poster got the withdrawal, only to get hit with a totality of circumstances on day 60 (which you think I am now safe from, I hope). I did not know since the trustee from the 341 has not done anything about asset or no asset, or if he can hinder my discharge in anyway now that the UST had withdrawn (like could he fight that? He was not a very nice man at all and actually acted like I was guilty of everything). I read something that the 341 trustee has up til day 60 to do something and that is why I am asking. The next 24 days can't go fast enough. I did not actually exempt anything (no wildcard exemption and no assets as I have none.)

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